The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1887-04-27
AN IMPORTANT DECISION.
A MARRIED WOMAN MAY NOT GO SURETY
FOR HER HUSBAND.
Notes and Mortgages Given by the
Wife to Secure the Debts of Her
Husband are VOid---A Ruling by
the Supreme Court which Wipes
ont Many Debts.


the Supreme Court which Wipes
out Many Debts.
One of the most important cases. If not the
most important case, decided by the supreme
Court Of this State in several years, Is inc case
of the Aultman and Taylor Company against
Rush, in which the opinion was illed lasl
week. The facts of the case as stated by the
Attorneys engaged, are as follows:
In June, 1851 the Aultman ana Taylor
Company sold to Jasper \. Rush, a citizen o
Edgefleld county living near the town OF
Bradley, an engine at the price OF SS,O, taxing
as security the notes of JASPER ;. Rush anu
his wife Mrs Eugcnia ]; Rush, mortsage
executed by Jasper n. Rush on the engine
and some other personal property, ana 9
mortgage executed by Jasper ". Rush ana
Eugenia j. Rush on tract OF lanu IN tiiis
county of SIS acres belonging to Mrs. Rush
alone. The first note for 500 fell due January
/, 1885, and the other January |, 1856.
Some time after the first note became payn.
BILE the Company commenced an aGLloh ~ -
foreclose the mortgage of the land. Two de-
fences were set up in the answer, but the one
mainly relied upon was that the note ana
mortgage were absolutely null ana Nolu as u
Mrs Rush because at the time they were exc.
cuted by her as mere surety for the DEBT OF
her husband. and were not any benent 10 her
separate property and did not relate TO or con.
Germ her separate property. The case was
heard here last October by Judge HUDSON,
who decided in favor Of the plain,
titf, and an appeal to the Supreme Court was
prosecuted by the Attorneys OF Mrs. RuSh.
The appeal was heard & lass pecSmn,fil; Mii,ian, ne
Graydon and Ellis &. Graydon for Mrs. Rush,
and Gov. Jno. c. Sheppard and l.. w. Perrin,
Esq, for the Aultman and Taylor Company:
The opinion Of the supreme Court, nted coHt aaSt
cursed in by Associate Justic Mclver, sus-
tains to the fullest extent the position OF Mrs:
Rushs Attorneys, and holds that the note
and mortgage are absolutely null and VOID as
to her.
Messrs. Graydon & Graydon are to be con,
graduated upon having won billlant legQl
victory against the. strongest sort OF ooas; II II
is stated that all the Circuit Judges and at
least ninety per cent Of the lawyers In the
state held that such q mortgage would be
valid and binding.
The case simply decides that married Wo-
man is not bound by any contract which she
may make as a surety Of her husband or OF
any one else whether subsequent DECISIONS
will 20 farther than that we cannot tell, but
woman. whether by account, note; bond, or
mortgage, executed since May ], 1852, Is very
doubtful security. Under the law as 1t stood
from 1870 to 1882, married woman was bound
by any contract the samo as II unmarried
The change in the law was made by the Re-
vised Statutes, which went into effect on the
first day of May, 1882. Any contract made by
a married woman. before that time is there
fore good. If made by her since that time as
a surety for debt of her husband or of any one
else it is void.
1t is said that there are several cases pend
ing in our Court in which the same defence
has been interposed. They are MS follows:
Geo. r. Sibley & Co.. against Mrs. sarah T..
Parks, heard BY Judge Fraser at February
term and not yet decided. MeSsrs. Hender-
son Bros, represent ST cley & Co., and Messrs.
Graydon g. Graydon and Mr.. Benet, Mrs.
Parks.
Thc Aultman and Taylor Co., against Mrs,
Fannie j. Marshall. Messrs. Perrin y Goth
ran for plaintiff, Messrs. Parker MCGOWAN
for defendant.
The same against Mrs. Sarah ]. Gilbert and
others. MesSrs Perrin & Cothran for plain
tiff, Messrs. Graydon & Graydon for defend
ant.
Foster e. Lamar against Mrs. Rebecca G.
Calhoun. Messrs. Cason & Bonham for plain
tifs, Messrs. Hemphill & Calhoun for defend
ant.
w H. Emmcrson, as Executor, against Mrs.
Letitia Merriman. Messrs. Cason & Bonham
for plaintiff, Messrs. Gary & Gary for defend
ant.
J. l.. Tribble and G. E. Prince against Mrs.
Mary 4. Poore. Mcssrs. Graydon g. Graydon
for plaintiff, Messrs. Gary Il Gary for defend
ant.
There may be special facts In some or all Of
the above cases that may render the defence
unavailing.